OAN Staff Brooke Mallory
11:13 AM – Monday, November 24, 2025
A federal judge in South Carolina dismissed criminal indictments on Monday against former FBI Director James Comey and New York Attorney General Letitia James, arguing that the appointment of interim U.S. Attorney Lindsey Halligan was invalid.
U.S. District Judge Cameron McGowan Currie ruled that lawyer Lindsey Halligan of the Eastern District of Virginia, had been “unlawfully appointed” by Attorney General Pam Bondi — citing a “violation of the Federal Vacancies Reform Act (FVRA)” — the exclusive law that governs how vacant Senate-confirmed positions like U.S. Attorney can be temporarily filled.
The FVRA (5 U.S.C. § 3345) allows only three categories of people to serve in an acting capacity, according to the judge:
- The “first assistant” to the office — in this case, the career Deputy U.S. Attorney.
- A current Senate-confirmed official from another part of the government.
- A senior career employee in the Justice Department who has served at least 90 days in a GS-15 or higher position.
The judge further argued that Halligan, a former insurance lawyer who was involved in one of the criminal cases brought against President Donald Trump by former special counsel Jack Smith, both lacked legal authority to serve as U.S. Attorney and the power to present the cases to a grand jury. The indictments are therefore void, according to Currie.
“Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment,” Currie wrote in finding that Halligan lacked the authority to present a case to a grand jury. “All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside.”
Advertisement
Comey, fired by Trump in 2017, played a major part in facilitating the investigation into Russian collusion, which failed to establish a criminal conspiracy between Trump’s 2016 campaign and Russia. He had been indicted on two felony counts in relation to allegations that he lied to Congress about the Trump-Russia inquiry.
Last week, a federal magistrate judge in Alexandria had also criticized prosecutors for presenting an “incomplete version” of the indictment to the grand jury and for apparent “gaps” in the official record.
The other shocking dismissal, Letitia James’ case, related to her bank-fraud charges stemming from allegations that she misrepresented her primary residence to obtain favorable loan terms. She was also accused of making false statements to a financial institution. Federal Housing Finance Agency (FHFA) director, William Pulte, still maintains that she falsified bank documents and property records to secure government-backed loans or better loan terms.
Halligan took both the Comey and James cases to a grand jury in October — weeks after Attorney General Pam Bondi installed her as acting U.S. Attorney for the Eastern District of Virginia. The move came after the previous acting U.S. Attorney, Erik Siebert, resigned. The DOJ still stands by their assertion that Halligan’s appointment was valid — since the office was vacant after Siebert’s departure.
What Happens Next
The judge’s dismissals were entered without prejudice, meaning the government can still theoretically attempt to re-indict both defendants. This next move is anticipated.
Stay informed! Receive breaking news blasts directly to your inbox for free. Subscribe here. https://www.oann.com/alerts
What do YOU think? Click here to jump to the comments!
Sponsored Content Below